July 29, 2011 

 

Mr. Robert Collings 

Executive Director 

The Collings Foundation 

P.O. Box 248 

Stow, MA 01775 

Dear Mr. Collings: 

This is in response to your December 22, 2010 letter (FAA Docket No. FAA-2001-11089) 

petitioning the Federal Aviation Administration (FAA) on behalf of the Collings Foundation 

(Collings) for reconsideration of Denial of Exemption No. 6540. Your request is to remove 

limitations imposed by exemption 6540K, specifically the prohibition of aerobatics and 

manipulation of flight controls by non-flight crewmembers. The proposed removal of 

limitations, if granted, would allow Collings’ pilots in command to perform aerobatic 

maneuvers while passengers are onboard its aircraft and allow hands-on demonstration of 

flight characteristics during cruise conditions at or above 1,000 feet above ground level. 

On March 23, 2011, the FAA issued a moratorium on the issuance of Living History Flight 

Experience (LHFE) exemptions. A copy of the Federal Register notice is enclosed for your 

information. 

This moratorium provides the FAA a needed opportunity to reevaluate the LHFE policy and 

the conditions of issuance of these exemptions. During this moratorium, industry will be 

given an opportunity to provide input to shape the agency’s revised LHFE policy. The FAA 

plans to seek industry input on the evolution of LHFE operations in the private sector, which 

have raised public safety and policy concerns. The FAA plans to hold a public meeting, 

which will be announced in the Federal Register, to give industry a venue to provide input 

that will be considered as the agency reevaluates and revises the LHFE policy 

Current LHFE exemption holders can continue to operate under their current exemption. If 

the exemption is due to expire during the moratorium, the FAA will accept and process 

petitions to extend current exemptions in accordance with the established regulatory 

exemption process. If a change is required (i.e., removal of an aircraft) the FAA will accept 

these changes in accordance with the regulatory process. Additionally, during the 

moratorium, as petitioners request extension to their LHFE exemption, the FAA will add the 

following clarifying limitations to all LHFE exemptions to ensure consistent application of 

current LHFE policy: 
2

1. Passengers are prohibited from manipulating the aircraft flight controls when the 

aircraft is operated under the LHFE exemption; and 

2. No aerobatics may be performed in the aircraft while operating under the LHFE 

exemption. 

Finally, the FAA will begin its evaluation of the current LHFE exemption policies and 

practices, to include evaluation of safety to the paying members of the public who have an 

expectation of aircraft safety and who may not understand the inherent risks associated with 

such flight. The FAA expects to publish a new proposed LHFE policy for comment on or 

before September 30, 2012. 

No new LHFE exemptions will be issued during this moratorium nor will any aircraft be 

added to existing exemptions. Consideration of removing conditions and limitations, 

including those regarding passengers manipulating the flight controls and performing 

aerobatics will be considered during the overall reevaluation that will include industry and 

public input. Accordingly, no further action will be taken on your petition. 

Sincerely, 

/s/ 

John W. McGraw 

Acting Director, Flight Standards 

 Service 

Enclosure